行政合同与行政法治互动关系探讨

行政合同兼具"行政"与"合同"的双重属性,是政府利用合同方式实现行政管理目标的行政法律制度.行政合同的出现是政府职能的扩大对行政权机动性和行政手段多样性的内在要求,其在本质上并不违背行政法治,与"行政法治"是一种互补、互动的关系,推动着行政法治由形式意义向实质意义发展.同时,行政合同要受制于行政法治,而不是游离于法治之外.

The Interactive Relationship between Administrative Contract and Rule of Administrative Law

The administrative contract, with both attributes of "administration" and "contract", is the administrative legal system that the government achieves administrative goals by resorting to the contract. The administrative contract comes into being to meet the requirements of the extension of the government's function. It does not conflict with rule of administrative law and, on the contrary, pushes forward the transition of rule of administrative law from form to substance. The administrative contract submits to, instead detached from, rule of administrative law.